European Stability Mechanism Act 2012

5.

Privileges and immunities.

5.— (1) The ESM shall have within the State the legal status, privileges and immunities referred to in Article 32 of the Treaty and, in respect of persons to whom paragraph 1 of Article 35 of that Treaty relates, such persons shall, subject to any waiver of immunity under paragraph 2 or 3 of that Article—

( a) be immune from legal proceedings with respect to acts performed by them in their official capacity, and

( b) enjoy inviolability in respect of their official papers and documents.

(2) In proceedings in any court, a certificate purporting to be under the seal of the Minister for Foreign Affairs and Trade and stating any fact relevant to determine whether the ESM, or any person to whom paragraph 1 of Article 35 of the Treaty relates, is entitled to inviolability or to a privilege or immunity under subsection (1) shall be prima facie evidence of that fact.

Annotations:

Modifications (not altering text):

C2

Application of section extended (30.10.2014) by European Stability Mechanism (Amendment) Act 2014 (32/2014), s. 5, commenced on enactment.

Application of sections 5, 6 and 7 of Principal Act

5. Sections 5, 6 and 7 of the Principal Act shall apply to the ESM acting through a subsidiary body or sub-entity referred to in section 3(b) as they apply to the ESM otherwise.